Case and Law Review - Search and Seizure

1850 words 8 pages
Abstract
The Fourth Amendment is concerned with privacy along with search and seizure restrictions that apply in public schools, but, the Courts give school officials and police more flexibility to conduct searches in school. In this case and law review you will learn about two different cases where Courts balance a student’s privacy rights against the school’s interest in safety and student discipline. This means that students often have less protection against what they might perceive as unreasonable searches and seizures at school, than in other places. The Fifth Amendment is concerned with fundamental fairness. This means that school officials cannot hold or punish a student without stating the reason and providing an opportunity to
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It is reached through rational conclusions based on facts or circumstances. This is also referred to as more than a guess but less than probable cause. Courts have said that school officials can search students in public schools if there is a reasonable suspicion to search. They do not need probable cause. Under PA Code 12.14 it states “Illegal or prohibited materials seized during a student search may be used as evidence against the student in a school disciplinary proceeding ("Chapter 12. students," 2005).” For example, if a school administrator has a reasonable belief that a student might be doing something illegal they can perform a search. Another example would be when school administrators are concerned that there might be illegal activity somewhere in the school they can also perform a search in this situation. This means that student drug tests or metal detectors are allowed when there is a general concern about students using drugs or carrying weapons. Schools are primarily responsible for keeping you safe, and providing you with the best possible education, free from unnecessary disruption. This allows school administrators some flexibility to conduct searches of the school and school grounds to ensure their students’ safety. These searches can be based on information supplied by students, school employees, and the police. Our district has control and access to all lockers on school premises, so

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